Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931112627.pdf (New Zealand)
Reprint as at 1 October 2008 Summary Proceedings Regulations 1958 (SR 1958/38) Except where otherwise indicated, all references to the “High Court” were sub­ stituted for references to the “Supreme Court” by section 12 Judicature Amend­ ment Act 1979 and all references to the “District Court” and to a “District Court Judge” were substituted for references to the “Magistrate’s Court” and to a “Magistrate” or “Stipendiary Magistrate” by section 18(2) District Courts Amendment Act 1979.
PURSUANT to the Summary Proceedings Act 1957, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents 1 2 3 4 6 7 8 9 Title and commencement Interpretation Forms Fees, allowances, and expenses Application for taking evidence Order for taking evidence with or without formal hearing Form of order Order and information to be sent to examining Court Page 3 3 5 6 6 7 7 7 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Justice.
1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Notice of examination Summonses to witnesses Conduct of examination Signature and disposal of depositions Non­appearance of person on whose behalf examination held Safe custody of property Order for detention in psychiatric hospital pending trial Reminder notice for infringement offence 15 15A 15B 15BA Request to Court for certain electronically created records 15C Costs payable by defendant in respect of infringement offence Certain Court fees relating to infringement offences payable by local authorities, etc Applications for correction of irregularities in proceedings for infringement offences Registrar or bailiff may require defendant to supply statement of means Arrangement on behalf of defendant of extension of time to pay Examination of applicant for extension of time [Revoked] Criteria for determining whether to enter arrangement extending time to pay or for payment by instalments Notice of decision on application for extension of time [Revoked] Fee and expenses in respect of enforcement of ﬁne Orders for sentences of community work, community detention, or home detention 15M Receipt for payment of ﬁne, etc 15N Manager’s receipt for prisoner 15O 15P 15Q Notice of payment of ﬁne if defendant imprisoned, etc General form of applications Transmission of criminal record relating to breach of protection or restraining order Transmission of criminal record relating to other offences involving domestic violence or harassment Result of appeal to be notiﬁed to Court receiving copy of criminal record Information about criminal proceedings in domestic violence proceedings Information about criminal proceedings in harassment proceedings 15D 15E 15F 15G 15H 15I 15J 15K 15L 15R 15S 15T 15U 2 7 8 8 9 10 10 10 11 12 12 13 13 14 14 15 15 16 16 17 18 18 19 19 20 21 21 22 23 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 16 Revocations Schedule 1 Forms Schedule 2 Court fees Schedule3 Schedule 4 Regulations and orders revoked r 2 24 25 109 111 111 1 (1) (2) 2 Title and commencement These regulations may be cited as the Summary Proceedings Regulations 1958.
These regulations shall come into force on the 1st day of April 1958.
Interpretation In these regulations, unless the context otherwise requires,— The Act means the Summary Proceedings Act 1957 Court of hearing means the Court in which proceedings under Part 2 or Part 5 of the Act have been taken Domestic violence has the same meaning as in section 3 of the Domestic Violence Act 1995 Domestic violence: this deﬁnition was inserted, as from 1 July 1996, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Domestic violence offence means an offence against any en­ actment (other than the Domestic Violence Act 1995) in any case where— (a) The offence is committed— (i) By a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and (ii) Against any person who is a protected person (within the meaning of that Act) under that pro­ 3 r 2 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 tection order, or whom that application seeks to make a protected person, as the case may be; and The offence consists of or includes conduct that is do­ mestic violence: (b) Domestic violence offence: this deﬁnition was inserted, as from 1 July 1996, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Examining Court means the Court or District Court Judge before whom evidence is to be taken under section 31 or sec­ tion 32 or section 174 of the Act, and includes an examining Registrar Examining Registrar means a Registrar before whom evi­ dence is ordered to be taken under section 31 or section 32 or section 174 of the Act ﬁne, for the purposes of these regulations (including any pre­ scribed form, has the meaning set out in section 79 of the Act and, for the avoidance of doubt, includes— (a) any amount that is required to be paid under a sentence of reparation; or any amount that is required to be paid under any order of reparation as deﬁned in section 145D of the Sentencing Act 2002.
(b) ﬁne: this deﬁnition was inserted, as from 10 October 2006, by regulation 4 Sum­ mary Proceedings Amendment Regulations 2006 (SR 2006/265).
Harassment offence means an offence against— (a) (b) Any other enactment in any case where the offence— Section 8 of the Harassment Act 1997; or (i) (ii) Is committed by a person against whom a re­ straining order is in force, or in respect of whom proceedings on an application for a restraining order are pending, at the time the offence is com­ mitted; and Is committed against a person for whose protec­ tion the restraining order was made or has been applied for, as the case may be; and (iii) Consists of or includes a speciﬁed act within the meaning of section 4 of the Harassment Act 1997: Harrassment offence: this deﬁnition was inserted, as from 1 May 1998, by regu­ lation 2(1) Summary Proceedings Amendment Regulations 1998 (SR 1998/64).
4 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 3 Hearing includes preliminary hearing Information, for the purposes of regulations 6 to 14 hereof, in­ cludes a complaint, and informant has a corresponding mean­ ing Protection order has the same meaning as in section 2 of the Domestic Violence Act 1995; and includes any order that is deemed, by section 133(3) of that Act, to be a protection order Protection order : this deﬁnition was inserted, as from 1 July 1996, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Relevant Court,— (a) In relation to an offence against section 49 of the Domestic Violence Act 1995 or a domestic violence offence, means the Court which made a protection order against the person convicted of the offence; and includes a Court in which an application for a protec­ tion order against the offender is pending: In relation to an offence against section 25 of the Harassment Act 1997 or an harassment offence, means the Court which made a restraining order against the person convicted of the offence; and includes a Court in which an application for a restraining order against the offender is pending: (b) Relevant Court: this deﬁnition was inserted, as from 1 July 1996, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Relevant Court: this deﬁnition was substituted, as from 1 May 1998, by regula­ tion 2(2) Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

Restraining order has the same meaning as in section 2 of the Harassment Act 1997 Restraining order: this deﬁnition was inserted, as from 1 May 1998, by regula­ tion 2(1) Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

Expressions deﬁned in the Act have the meanings so deﬁned.
3 Forms The forms in Schedule 1, or forms to the like effect, may be used, with or without additional information required for identiﬁcation or other ofﬁcial purposes included, and with any variations that the circumstances may require, in proceedings under the Act to which those forms refer.

Regulation 3 was substituted, as from 30 June 2002, by regulation 3 Summary Proceedings Amendment Regulations 2002 (SR 2002/182).
5 r 4 4 (1) Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Fees, allowances, and expenses There shall be paid in respect of the several matters speciﬁed in Schedule 2 hereto the respective Court fees set out in that Schedule.

(1A) The fees prescribed by these regulations are inclusive of goods and services tax.
(1B) The Secretary for Justice may permit a person or class of per­ sons to pay any fees due under these regulations in respect of the provision of particulars of a reminder notice that is deemed to have been ﬁled in a Court under section 21(4C) of the Act, in accordance with a credit arrangement.
The fees, travelling allowances, and expenses payable to inter­ preters and to persons giving evidence in proceedings to which the Act applies shall be in accordance with the Witnesses and Interpreters Fees Regulations 1974.

Subclause (1A) was inserted, as from 1 January 1998, by regulation 2 Summary Proceedings Amendment Regulations 1997 (SR 1997/322).

(2) Subclause (1B) was inserted, as from 1 March 2007, by regulation 4 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
Section 5 was revoked by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

Application for taking evidence 6 (1) Where under section 31 or section 32 or section 174 of the Act an application is made to a District Court Judge before the hearing for the taking of evidence otherwise than at the hear­ ing, the application shall be in form 51 in Schedule 1 hereto, and shall be ﬁled in duplicate in the Court of hearing.
(2) Where the defendant is the applicant, the Registrar of the Court of hearing shall send a copy of the application to the infor­ mant, or, where the informant has taken the proceedings in his capacity as an ofﬁcer or employee of any Department of State, local authority, or public body, to the ofﬁce of the Department, local authority, or public body, as the case may be, in or nearest to the place where the Court of hearing is situated; and, where 5 6 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 10 the informant is the applicant, the Registrar shall send a copy of the application to the defendant: Provided that where the informant or the defendant, as the case may be, is represented in the proceedings by a solicitor, the copy may be sent by the Registrar to that solicitor.
7 (1) (2) 8 9 10 (1) Order for taking evidence with or without formal hearing If the District Court Judge is satisﬁed— (a) In the case of an application under section 31(1A) of the Act, that the defendant consents to the order; and In any other case, that the informant or the defendant, as the case may be, does not oppose the application,— he may make an order on the application forthwith.
(b) In any case where the District Court Judge does not make an order under subclause (1) of this regulation, the Registrar of the Court of hearing shall— (a) Fix a time for the hearing of the application and notify the parties to attend; or Place the application before the Court at the hearing of the information.

(b) Subclause (1) was substituted by regulation 2 Summary Proceedings Regula­ tions 1958, Amendment No 3 (SR 1965/116).
Form of order An order for the taking of evidence otherwise than at the hear­ ing shall be in form 52 in Schedule 1 hereto.

Order and information to be sent to examining Court The order and a certiﬁed copy of the relevant information shall be sent by the Registrar of the Court of hearing to the Registrar of the examining Court.
Notice of examination Immediately upon receiving the order, the Registrar of the examining Court shall appoint a time and place for the exam­ ination and shall give notice in form 53 in Schedule 1 hereto to the informant and to the defendant of the time and place so appointed.
7 r 11 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (2) A notice shall be served in the same manner as if it were a summons to a defendant on an information: Provided that— (a) The notice may be served on the informant or the defendant by leaving it at or posting it to his address for service as stated in the order: (b) Where the informant is an ofﬁcer of any Depart­ ment of State, local authority, or public body, the notice may be served on the informant by leaving it at or posting it to the ofﬁce of the Department, local authority, or public body, as the case may be, in or nearest to the place where the Court of hearing or the examining Court is situated: Provided also that, where the informant or the defendant is represented in the proceedings by a solicitor, it shall be sufﬁ­ cient compliance with this regulation if the notice is left with or posted to that solicitor.
The Registrar of the examining Court shall send a copy of the notice to the Registrar of the Court of hearing.

Summonses to witnesses For the purposes of the examination, summonses to witnesses may be issued by any District Court Judge or Community Magistrate or Justice or Registrar.

Regulation 11 was amended, as from 1 November 1998, by regulation 2 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting the words “Community Magistrate or”.
Conduct of examination The examination may take place in Court or in an ofﬁce of the Court or in any other place appointed by the examining Court; and the parties shall be at liberty to attend the examination with or without counsel or solicitor.

The examination may be adjourned from time to time and from place to place.

The examining Court may administer an oath to each witness who may be examined, cross­examined, and re­examined as at the hearing of an information.
The deposition shall be taken down in writing— (3) 11 12 (1) (2) (3) (4) 8 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 13 (5) In the presence of the examining Court; and (a) (b) Not ordinarily by question and answer, but so as to rep­ resent as nearly as may be practicable the statements of the witness.
The examining Court may put down or cause to be put down any particular question or answer if there appears to any spe­ cial reason for doing so, and may put any question to the wit­ ness as to the meaning of any answer or as to any matter arising in the course of the examination.
(7) (6) An examining Registrar shall not have power to decide upon the admissibility of any evidence, but, if any evidence is objected to, he shall take down the question and the answer thereto or admit the document, as the case may be, and make a note of the objection on the deposition, and the question of admissibility shall be decided by the Court at the hearing of the information.
If the witness objects to any question put to him before an examining Registrar, the question and the objection shall be taken down in the deposition, and the validity of the objection shall be decided by the Court at the hearing of the information.
(8) Where the examination is before a Registrar and any witness refuses or neglects to attend in answer to a witness summons issued under these regulations, or having attended refuses to be sworn or to answer any lawful question or to produce any document which he is lawfully required to produce, the exam­ ination shall be adjourned and the adjourned examination shall be held before a District Court or a District Court Judge, as the case may be, at a time and place to be appointed by the exam­ ining Registrar.
Signature and disposal of depositions 13 (1) When the examination of a witness has been concluded, the deposition shall be read over to him and each page of it shall be signed by him and by the examining District Court Judge, Community Magistrates, Justices, or Registrar.
If the witness refuses to sign his deposition, the examining District Court Judge, Community Magistrates, Justices, or Registrar shall make a note of the refusal on the deposition, and the depos­ 9 r 14 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (2) 14 15 ition may be tendered in evidence notwithstanding that it is not signed by the witness.
Forms 54 and 55 in the Schedule 1 hereto shall be attached to the depositions which, together with any exhibits suitably marked, shall be sent to the Court of hearing.

Subclause (1) was amended, as from 1 November 1998, by regulation 3 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting the words “Community Magistrates,”.
Non­appearance of person on whose behalf examination held If at the time appointed or at any adjournment thereof the per­ son on whose behalf the examination is being held fails to appear, in person or by counsel, or fails to proceed with the examination, the examining Court shall forthwith send to the Court of hearing a certiﬁcate in form 56 in Schedule 1 hereto.
Safe custody of property The Court may, in respect of the suspension pursuant to section 138 of the Act of the operation of any order for the restitution of property and the operation of subsection (1) of section 26 of the Sale of Goods Act 1908, or upon any direction given under the said section 138 that that operation be not suspended, give in any special case such direction as it thinks proper to secure the production of property for use at the hearing of the appeal or to ensure its proper custody pending the determination of the appeal.
15A Order for detention in psychiatric hospital pending trial (1) If, under the proviso to section 171(3) of the Act, the Court, instead of issuing a warrant, makes an order in form 43A in Schedule 1 hereto for a person’s detention in a psychiatric hos­ pital pending his trial, a copy of the order shall be sent to the Manager of the prison nearest to the place where the trial is to be held.

Regulation 15A was inserted by regulation 2 Summary Proceedings Regula­ tions 1958, Amendment No 6 (SR 1970/52).
(2) 10 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15B Subclause (1) was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subclause (2) was revoked by regulation 2 Summary Proceedings Regulations 1958, Amendment No 13 (SR 1985/231).
15B Reminder notice for infringement offence (1) The particulars of a reminder notice referred to in section 21(4)(a) of the Act are— (a) (b) (c) (d) the number of the reminder notice; and the name and address of the informant; and the full name and full address of the defendant; and details of the alleged infringement offence, including the date, time, place of the offence, the enactment and provision contravened, and the registration number of the vehicle (if any) used in the offence; and the infringement fee, or the amount of the infringement fee remaining unpaid, other fees, and any other penal­ ties speciﬁed in respect of the alleged offence; and the name or number (if any) of the ofﬁcer who issued the infringement notice.
(e) (f) (2) (3) (b) The particulars of a reminder notice referred to in section 21(4)(b) of the Act are— (a) the date and method of service of the infringement no­ tice; and the date and method of service of the reminder notice; and (c) the full address at which the reminder notice was served.
The particulars of a reminder notice referred to in section 21(4)(c) of the Act are— (a) (b) (c) (d) (e) the defendant’s date of birth; and the defendant’s gender; and the defendant’s occupation; and the defendant’s telephone number or numbers; and the defendant’s driver licence number (if a vehicle was used in the offence).

(4) (5) The particulars speciﬁed in subclause (3) apply only if known.

The particular speciﬁed in subclause (3)(e) applies only if rele­ vant.
11 r 15BA Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Paragraph (e) was substituted, as from 1 November 1998, by regulation 4 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 15B was substituted, as from 1 March 2007, by regulation 5 Sum­ mary Proceedings Amendment Regulations 2006 (SR 2006/265).
15BA Request to Court for certain electronically created records (1) A computer printout of the particulars of a reminder notice that is deemed to have been ﬁled in a Court under section 21(4C) of the Act may be given to any person who the Registrar is satis­ ﬁed has a genuine and proper interest in obtaining the printout.

In any case of doubt or difﬁculty the Registrar may refer the matter to a District Court Judge, whose decision is ﬁnal.
Regulation 15BA was inserted, as from 1 March 2007, by regulation 5 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

(2) 15C Costs payable by defendant in respect of infringement offence (1) Where an order is deemed to have been made under section 21(5) or (5A) of the Act against the defendant in respect of an infringement offence, the amount payable by the defendant as costs under the order is $30.
(2) Where a defendant is found guilty of, or pleads guilty to, an in­ fringement offence for which an infringement notice has been issued, the amount that the defendant must be ordered by the Court to pay as costs under section 21(9) of the Act is $30.

Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

The original subclause (1) of the previous regulation 15 was amended, as from 5 August 1998, by clause 2(a) Summary Proceedings Amendment Regulations (No 3) 1998 (SR 1998/223) by substituting “$30” for “$15”.
The original subclause (1) of the previous regulation 15 was further amended, as from 5 August 1998, by clause 2(b) Summary Proceedings Amendment Regu­ lations (No 3) 1998 (SR 1998/223) by substituting “$30” for “$25”.

12 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15E Subclause (1) of the previous regulation 15 was substituted, as from 1 November 1998, by regulation 5 Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Regulation 15C was substituted, as from 1 November 1998, by regulation 3 Summary Proceedings Amendment Regulations (No 5) 1998 (SR 1998/329).

Subclause (1) was amended, as from 1 March 2007, by regulation 6 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396) by substitut­ ing “deemed to have been made under section 21(5) or (5A) of the Act” for “deemed by section 21(5) of the Act to have been made, or is taken under sec­ tion 21(5A) as having been made,”.
15D Certain Court fees relating to infringement offences payable by local authorities, etc Notwithstanding the provisions of section 207(3) of the Act, the Court fees prescribed in Schedule 2 hereto for ﬁling a copy of a reminder notice, or providing particulars of a reminder no­ tice that is deemed to have been ﬁled in a Court under section 21(4C) of the Act, in respect of an infringement offence shall be payable where the informant is a local authority or a body or board other than a Department of State.
Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Regulation 15D was amended, as from 1 March 2007, by regulation 7 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396) by inserting “, or providing particulars of a reminder notice that is deemed to have been ﬁled in a Court under section 21(4C) of the Act,” after “reminder notice”.
15E Applications for correction of irregularities in proceedings for infringement offences Every application by a defendant under section 78B of the Act for correction of any irregularity in procedures leading up to an order for the payment of a ﬁne or costs, or both, in respect of an infringement offence must be made by the defendant in form 57 in Schedule 1 hereto or in a form to the like effect.
Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
13 r 15F Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Regulation 15E was amended, as from 10 October 2006, by regulation 6 Sum­ mary Proceedings Amendment Regulations 2006 (SR 2006/265) by substituting the words “must be” for the words “shall be accompanied by a statutory dec­ laration”.
15F Registrar or bailiff may require defendant to supply statement of means A Registrar or bailiff may, before entering into an arrangement with a defendant under section 86 or section 86A of the Act, require the defendant to complete and supply to the Registrar or bailiff a statement of means.

Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15F was substituted, as from 1 November 1998, by regulation 6 Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 15F: amended, on 1 March 2008, by regulation 4 of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
15G Arrangement on behalf of defendant of extension of time to pay (1) A person may, with the consent of the Registrar or a bailiff, enter into an arrangement under section 86 or section 86A of the Act on behalf of a defendant who is— (a) Under the age of 16 years; or (b) Absent from New Zealand; or (c) Incapable of acting personally because of mental or physical illness or disability.
The Registrar or bailiff must not consent to the arrangement unless the person— (a) Satisﬁes the Registrar or bailiff that the person has a proper interest in, and knowledge of, the defendant’s affairs; and (b) Gives the Registrar or bailiff a written statement of the following information: (i) (ii) (iii) The reason the defendant is not entering into the The person’s name and address: The person’s relationship with the defendant: arrangement personally: (2) 14 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15I (iv) If the defendant is absent from New Zealand, the date when the defendant is expected to return to New Zealand; and If required by the Registrar or bailiff to do so, completes and supplies to the Registrar or bailiff a written state­ ment of the defendant’s means.
(c) Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15G was substituted, as from 1 November 1998, by regulation 7 Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
15H Examination of applicant for extension of time [Revoked] Regulations 15B to 15H were inserted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Regulation 15H was revoked, as from 1 November 1998, by regulation 8 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
15I Criteria for determining whether to enter arrangement extending time to pay or for payment by instalments A Registrar or bailiff, when deciding whether to enter into an arrangement under section 86 or 86A of the Act, and a Regis­ trar when deciding whether to cancel an arrangement made under section 86A(1) of the Act, may have regard to— (a) the salary or wages that the defendant is likely to re­ ceive: any other money available to the defendant: the defendant’s assets and liabilities: the money reasonably required to maintain the defen­ dant and any dependants of the defendant: any provision reasonably required for contingencies: any other circumstances relating the defendant’s ﬁnan­ cial position that the Registrar or bailiff considers rele­ vant.
(b) (c) (d) (e) (f) 15 r 15J Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Regulation 15I: substituted, on 1 March 2008, by regulation 5 of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Regulation 15I was substituted, as from 1 November 1998, by regulation 9 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

15J Notice of decision on application for extension of time [Revoked] Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Regulation 15J was revoked, as from 1 November 1998, by regulation 10 Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
15K Fee and expenses in respect of enforcement of ﬁne (1) Subject to the other provisions of this regulation, where default is made in the payment of a ﬁne and in consequence any war­ rant is issued, any attachment order is made, or any sentence is imposed pursuant to section 83(2) or section 87(1) or section 88(3) of the Act, the fee speciﬁed in Schedule 2 is payable by the defendant in respect of the enforcement of the ﬁne, but no more than one amount shall be payable under this subclause in respect of the enforcement of the same ﬁne.
(2) A Court, District Court Judge, or Registrar, may, if satisﬁed that it is appropriate to do so in the circumstances, waive the payment by a defendant of the fee under subclause (1) of this regulation.
(3) Where the Court or Judge directing the issue of a warrant of commitment or imposing a sentence pursuant to section 83(2) or section 88(3) of the Act is satisﬁed that the defendant does not have the means to pay the ﬁne, the Court or Judge shall waive the payment of the fee under subclause (1) of this regulation in respect of that action.
(4) Where property is seized under a warrant to seize property is­ sued for default in the payment of a ﬁne, the defendant shall be liable to pay, in addition to any fee payable under subclause (1) of this regulation, such amount as the Registrar may cer­ 16 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15L tify in respect of expenses reasonably incurred in removing, storing, or auctioning the property.
Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Subclause (1) was amended by increased the amount from “$55” to “$75” by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12), from “$50” to “$55” by regulation 2 Summary Proceedings Regulations 1958, Amendment No 17 (SR 1988/37), from “$30” to “$50” by regulation 2 Summary Proceedings Regulations 1958, Amendment No 12 (SR 1984/300), from “$20” to “$30” by regulation 2(1) Summary Proceed­ ings Regulations 1958, Amendment No 11 (SR 1981/228), and from “$10” to “$20” by regulation 2(1) Summary Proceedings Regulations 1958, Amend­ ment No 9 (SR 1978/195).
Subclause (1) was amended by regulation 2 Summary Proceedings Regulations 1958, Amendment No 20 (SR 1992/141) by substituting the value “$90” for the value “$80”, and by regulation 2 Summary Proceedings Regulations 1958, Amendment No 19 (SR 1991/189) by substituting the value “$80” for the value “$75”.

Subclause (1) was further amended, as from 1 January 1998, by regulation 3 Summary Proceedings Amendment Regulations 1997 (SR 1997/322) by sub­ stituting the value “$100” for the value “$90”.
Subclause (1) was amended, as from 1 November 1998, by regulation 11(1) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by substituting the words “any sentence or deduction notice is imposed or issued under” for the words “or any sentence is imposed pursuant to”.
Subclause (1) was amended, as from 10 October 2006, by regulation 7 Summary Proceedings Amendment Regulations 2006 (SR 2006/265) by substituting the words “the fee speciﬁed in Schedule 2 is” for the words “a fee of $100 shall be”.

Subclause (2) was amended, as from 1 November 1998, by regulation 11(2) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “District Court Judge,”, the words “Community Magistrate,”.
Subclause (3) was amended, as from 1 November 1998, by regulation 11(3) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the word “Judge,”, the words “or Community Magistrate”.
15L Orders for sentences of community work, community detention, or home detention If a defendant is sentenced to community work, community detention, or home detention under section 88(3) of the Act, the Registrar must immediately ensure that an order recording the sentence is served personally on the defendant.
17 r 15M Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Regulation 15L was substituted, as from 30 June 2002, by regulation 4 Sum­ mary Proceedings Amendment Regulations 2002 (SR 2002/182).

Regulation 15L: amended, on 1 October 2007, by regulation 4(2) of the Sum­ mary Proceedings Amendment Regulations 2007 (SR 2007/294).

Regulation 15L heading: amended, on 1 October 2007, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).
15M Receipt for payment of ﬁne, etc (1) (2) (3) (4) (5) Subclause (2) applies to a sum levied by or paid to any member of the police or a bailiff under a warrant.

The member of the police or the bailiff who receives any amount in or towards payment of the sum described in sub­ clause (1) must give to the defendant or the person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount.
Subclause (4) applies to a sum paid in or towards a Court fee, ﬁne, costs, or other money payable on an information or com­ plaint or on a conviction or order made by a Court.
The following persons must, on receiving any amount in or towards payment of the sum described in subclause (3), give to the defendant or other person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount: (a) (b) if the amount is paid to the Registrar, the Registrar; or if the amount is paid to a person nominated under sec­ tion 208(2)(b) of the Act, that person.

Subclause (4) does not apply if a receipt has already been given under subclause (2).
Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15M was substituted, as from 10 October 2006, by regulation 8 Sum­ mary Proceedings Amendment Regulations 2006 (SR 2006/265).
15N Manager’s receipt for prisoner Where the defendant named in a warrant of commitment is delivered by the bailiff or constable executing the warrant to the Manager of the prison named or described in the warrant, the Manager shall, on receipt of the warrant, give to the bailiff or constable a receipt in form 60 in Schedule 1 hereto.
18 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15P Regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15N was amended, as from 30 June 2002, by regulation 5 Sum­ mary Proceedings Amendment Regulations 2002 (SR 2002/182) by omitting the words “or corrective training institution”.
The heading to section 15N was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager’s” for the word “Superintendent’s”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Section 15N was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent” in both places where it appears.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
15O Notice of payment of ﬁne if defendant imprisoned, etc If a defendant is, for default in the payment of a ﬁne, impris­ oned, or subject to a sentence of community work, community detention, or home detention, the Registrar must, immediately on payment of the ﬁne, give to the Manager of the prison or the probation ofﬁcer supervising the sentence of community work, community detention, or home detention, as the case may be, notice in writing of the payment.
Regulation 15O was substituted, as from 30 June 2002, by regulation 6 Sum­ mary Proceedings Amendment Regulations 2002 (SR 2002/182).

Regulation 15O: amended, on 1 October 2007, by regulation 5 of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).

Regulation15O was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
15P General form of applications (1) Except as otherwise provided by the Act or authorised by the Court, District Court Judge, Community Magistrate, or Regis­ trar having jurisdiction in respect of the matter, every defen­ dant or other person making any application or claim or seek­ ing any order or other action relating to proceedings under the Act shall, unless some other form is prescribed for the purpose in Schedule 1 hereto, lodge with the Registrar of the Court in which the proceedings were commenced, or to which they have been transferred, an application in form 61 in Schedule 1 hereto or in a form to the like effect.
19 r 15Q Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (2) A Registrar with whom an application is lodged as provided by subclause (1) of this regulation shall, unless the order or other action sought by the applicant is made or taken without a hear­ ing, appoint a time and place for the hearing of the application and shall give to the applicant and to any other person who the Registrar considers should be notiﬁed, or who a District Court Judge or Community Magistrate directs be notiﬁed, notice in form 62 in Schedule 1 hereto of the receipt of the application and of the time and place appointed for the hearing.
[Revoked] Regulations 15B to 15H were substituted, and new regulations 15I to 15P were inserted, as from 1 November 1987, by regulation 2 Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

(3) Subclause (1) was amended, as from 1 November 1998, by regulation 12(1) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “District Court Judge,”, the words “Community Magistrate,”.
Subclause (2) was amended, as from 1 November 1998, by regulation 12(2) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “District Court Judge,”, the words “or Community Magistrate”.

Regulation 15P(3): revoked, on 1 March 2008, by regulation 6 of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
15Q Transmission of criminal record relating to breach of protection or restraining order (1) Where a defendant is convicted of an offence against sec­ tion 49 of the Domestic Violence Act 1995, the Registrar of the Court in which that conviction is entered must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the rele­ vant Court.
(2) Where a defendant is convicted of an offence against section 25 of the Harassment Act 1997, the Registrar of the Court in which that conviction is entered must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.

(3) On receiving the copy, the Registrar of the relevant Court must cause the copy to be placed on the ﬁle relating to the applicable proceedings.
20 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15S Regulations 15Q to 15T were inserted, as from 1 July 1996, by clause 3 Sum­ mary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).

Regulations 15Q to 15T were substituted, and regulation 15U was inserted, as from 1 May 1998, by regulation 2(1) Summary Proceedings Amendment Regu­ lations 1998 (SR 1998/64).
15R Transmission of criminal record relating to other offences involving domestic violence or harassment (1) Where a defendant is convicted of a domestic violence offence or of an harassment offence, a District Court Judge or Justice may direct the Registrar of the Court in which that conviction is entered to forward, without delay, a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.
(2) Where— (a) (b) A defendant is convicted of an offence; and The Registrar of the Court in which that conviction is entered has reason to believe that the offence is a do­ mestic violence offence or an harassment offence,— the Registrar must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.
(3) On receiving a copy forwarded under subclause (1) or sub­ clause (2) the Registrar of the relevant Court must cause the copy to be placed on the ﬁle relating to the applicable proceed­ ings.

Regulations 15Q to 15T were inserted, as from 1 July 1996, by clause 3 Sum­ mary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Regulations 15Q to 15T were substituted, and regulation 15U was inserted, as from 1 May 1998, by regulation 2(1) Summary Proceedings Amendment Regu­ lations 1998 (SR 1998/64) 15S Result of appeal to be notiﬁed to Court receiving copy of (1) criminal record If,— (a) Under regulation 15Q or regulation 15R, a copy of an entry in the Criminal Records relating to a conviction for an offence is forwarded to a relevant Court; and (b) On any appeal,— (i) That conviction is quashed; or 21 r 15T Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (2) (c) (ii) The sentence imposed in relation to that offence is varied; and In accordance with section 135(2) of the Act, the Regis­ trar makes, in the entry in the Criminal Records relating to that conviction, a note of the decision on appeal,— the Registrar must, without delay, forward a copy of that note to the Registrar of the relevant Court.
If a copy of a note relating to a conviction is forwarded to the relevant Court under subclause (1), the Registrar of that Court must,— (a) Where the conviction has been quashed, remove from the ﬁle the copy of the entry relating to that conviction; or In any other case, cause the copy of the note to be placed on the ﬁle relating to the applicable proceedings.

Regulations 15Q to 15T were inserted, as from 1 July 1996, by clause 3 Sum­ mary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
(b) Regulations 15Q to 15T were substituted, and regulation 15U was inserted, as from 1 May 1998, by regulation 2(1) Summary Proceedings Amendment Regu­ lations 1998 (SR 1998/64) 15T Information about criminal proceedings in domestic (1) (2) violence proceedings In this regulation, the term domestic violence proceedings means an application for a protection order that is pending before a District Court or a Family Court or that a District Court or a Family Court has determined by making a protec­ tion order.
This regulation applies where the Court in which domestic violence proceedings have been ﬁled or the Registrar of that Court has reason to believe that the respondent or associated respondent to the domestic violence proceedings is charged with, or has been convicted of— (a) (b) An offence against section 49 of the Domestic Violence A domestic violence offence; or Act 1995.
(3) Where this regulation applies, may— the Registrar of the Court 22 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 r 15U (a) (b) Consult the Registrar of the Court in which the respond­ ent or associated respondent to the domestic violence proceedings is believed to have been charged with or convicted of an offence speciﬁed in subclause (2); and Request that Registrar to supply available information relating to the charge or conviction.
The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— (a) The conditions on which bail has been granted to the defendant: (b) A copy of the entry in the Criminal Records relating to the conviction.

(4) (5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.
Regulations 15Q to 15T were inserted, as from 1 July 1996, by clause 3 Sum­ mary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
Regulations 15Q to 15T were substituted, and regulation 15U was inserted, as from 1 May 1998, by regulation 2(1) Summary Proceedings Amendment Regu­ lations 1998 (SR 1998/64) 15U Information about criminal proceedings in harassment (1) (2) proceedings In this regulation, the term harassment proceedings means an application for a restraining order that is pending before a District Court or that a District Court has determined by mak­ ing a restraining order.
This regulation applies where the Court in which harassment proceedings have been ﬁled or the Registrar of that Court has reason to believe that the respondent or associated respondent to the harassment proceedings is charged with, or has been convicted of,— (a) (b) An offence against section 25 of the Harassment Act An harassment offence; or 1997.
(3) Where this regulation applies, the Registrar of the Court may— 23 r 16 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (a) (b) Consult the Registrar of the Court in which the respond­ ent or associated respondent to the harassment proceed­ ings is believed to have been charged with or convicted of an offence speciﬁed in subclause (2); and Request that Registrar to supply available information relating to the charge or conviction.
The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— (a) The conditions on which bail has been granted to the defendant: (b) A copy of the entry in the Criminal Records relating to the conviction.

(4) (5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.
Regulations 15Q to 15T were substituted, and regulation 15U was inserted, as from 1 May 1998, by regulation 2(1) Summary Proceedings Amendment Regu­ lations 1998 (SR 1998/64) 16 Revocations The regulations and orders speciﬁed in Schedule 4 hereto are hereby revoked.
24 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Schedule 1 Forms Form 3 Summons to defendant Reg 3 Sections 19 and 147(1), Summary Proceedings Act 1957 Form 3 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
25 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 4 Form 4 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
Form 5 26 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 5—continued Form 5 was amended, as from 1 April 1996, by regulation 2(1) Summary Pro­ ceedings Regulations 1958, Amendment No 25 (SR 1996/26) by substituting the expression “Section 19(1)(c)” for the expression “Section 19(c)”.
Form 5A Police summons to defendant Section 19A, Summary Proceedings Act 1957 Form 5A was inserted by regulation 3(1)(a) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136) and amended by regulation 4(1)(a) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93) by inserting the words “or an indictable offence that may be dealt with summar­ ily”.
27 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 5B Trafﬁc summons to defendant in relation to breath­alcohol offence Section 19B, Summary Proceedings Act 1957 28 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 5B—continued Form 5B was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12), and amended by regulation 2 Summary Pro­ ceedings Regulations 1958, Amendment No 21 (SR 1993/81) by substituting the boxed paragraph beginning “Being a person under 20 years of age, drove”.
Form 5B was further amended, as from 1 April 1996, by regulation 2(2) Sum­ mary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by sub­ stituting the words “Youth Court” for the words “Children and Young Persons Court”.

Form 5B was further amended, as from 1 March 1999, by regulations 2(a) Sum­ mary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450) by omitting the words “section 58B of the Transport Act 1962”, and substituting the words “section 69 of the Land Transport Act 1998”.
It was further amended by regulation 2(b) by omitting the words “section 58(4)(a) of the Transport Act 1962”, and substituting the words “section 77(3)(a) of the Land Transport Act 1998”.
It was further amended by regulation 2(c) by omitting the words “being a summary offence against section 58(1)(a) of the Transport Act 1962”, and substituting the words “being a summary offence against section 56(1) of 29 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 5B—continued the Land Transport Act 1998”.
It was further amended by regulation 2(d) by omitting the words “being a summary offence against section 58(1)(f) of the Transport Act 1962”, and substituting the words “being a summary offence against section 57(1) of the Land Transport Act 1998”.

Form 5B was amended, as from 29 December 2001, by section 14(3)(a) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by omitting from Form 5B the ﬁrst asterisk that appears on the form.
Form 5B was further amended, as from 29 December 2001, by section 14(3)(b) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by omitting the words “*The result of that evidential breath test, being a test carried out by means of a conclusive evidential breath­testing device, indicated that the proportion of alcohol in your breath exceeded 600 micrograms of alcohol per litre of breath.”.
Form 6 Summons to witness Section 20(1) and (2), Summary Proceedings Act 1957 Form 6 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
30 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 7 Warrant for attendance of a witness Section 20(4), Summary Proceedings Act 1957 Form 7 was amended, as from 1 April 1996, by regulation 2(3) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” and “or a Registrar” after the words “District Court Judge”.
31 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 7A Form 7A was inserted by regulation 3(1)(b) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Form 7A was amended, as from 1 August 1987, by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1987/211) by substituting the “Certiﬁcate of Grant of Bail” for the “Certiﬁcate of Consent to Bail by Court”.
Form 7A was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent” in both places where it appears.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
32 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 8 Form 8 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magis­ trate(s)”.
33 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 9 Form 9 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magis­ trate(s)”.

Form 9 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintend­ ent”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 9 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
34 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 9A 35 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 9A—continued 36 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 9A—continued Form 9A was inserted by regulation 3(1)(c) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
Form 9A, “NOTICE TO DEFENDANT OF HIS RIGHTS”, was amended by regulation 2 Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314), by inserting in (1) the symbol “*”.

Form 9A, the Note marked with the symbol “*” was inserted by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314).
Form 9A was amended, as from 1 March 1999, by regulation 3 Summary Pro­ ceedings Amendment Regulations (No 6) 1998, by omitting the words “section 41B of the Transport Act 1962”, and substituting the words “section 133 of the Land Transport Act 1998”.
Form 9A, paragraph (3)(c) was amended by regulation 4(1) Summary Proceed­ ings Regulations 1958, Amendment No 13 (SR 1985/231), by substituting the words “section 19 of the Criminal Justice Act 1985” for the words “section 42 of the Criminal Justice Act 1954”.

Form 9A, subclause (3)(c) was substituted, as from 30 June 2002, by regulation 7(1) Summary Proceedings Amendment Regulations 2002 (SR 2002/182).
37 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 9B Form 9B was inserted by regulation 4(1)(b) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

Form 9B was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
38 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 10 Reminder notice in respect of infringement offence 39 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 10—continued 40 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 10—continued 41 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 10—continued Form 10 was substituted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 5 (SR 1969/275) and was revoked by regulation 4(1)(c) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).
A new Form 10 was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 11 (SR 1981/228).

Form 10 was substituted by regulation 3(1) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311), substituted again by regulation 2 Sum­ mary Proceedings Regulations 1958, Amendment No 22 (SR 1993/150), and substituted again, as from 1 November 1993, by regulation 3 Summary Pro­ ceedings Regulations 1958, Amendment No 24 (SR 1993/314).
42 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 10—continued Form 10 was further substituted, as from 1 November 1998, by regulation 14(1) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 10 was further substituted, as from 1 March 1999, by regulation 4 Sum­ mary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).
Form 10 was further substituted, as from 1 February 2000, by regulation 2 Sum­ mary Proceedings Amendment Regulations 1999 (SR 1999/360).

Form 10 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).
43 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 10A Form 10A was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 11 (SR 1981/228), and substituted by regulation 3(1) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
44 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 11 Form 11 was amended by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211) by substituting the “Certiﬁcate of grant of bail” for the “Certiﬁcate of consent to bail by Court or Justice remanding prisoner”.
Form 11 was amended, as from 1 April 1996, by regulation 2(4) Summary Pro­ ceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace” and the words “or Justice(s)”.

Form 11 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the word “Justice(s)”, the words “or Community Magistrate(s)”.
Form 11 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Super­ intendent”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 11 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
45 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 12 [Revoked] Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regu­ lation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

12A [Revoked] Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regu­ lation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
13 [Revoked] Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regu­ lation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

14 [Revoked] Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regu­ lation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

15 [Revoked] Form 15 was revoked, as from 4 June 1974, by regulation 3(1)(d) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
16 [Revoked] Form 16 was substituted by regulation 2(4) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 16 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 16 was revoked, as from 1 January 2001, by regulation 3 Summary Pro­ ceedings Amendment Regulations 2000 (SR 2000/249).
46 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 17 [Revoked] Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regu­ lation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

18 [Revoked] Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regu­ lation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
19 [Revoked] Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regu­ lation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

20 [Revoked] Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regu­ lation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
47 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 21 Form 21 was amended, as from 1 April 1996, by regulation 2(5) Summary Pro­ ceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace”.
Form 21 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.

48 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 21A Form 21A was inserted by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).
Form 21A was amended, as from 1 April 1996, by regulation 2(6) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace”.

Form 21A was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.
49 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 22 Criminal records Section 71, Summary Proceedings Act 1957 Form 22 was substituted by regulation 3(1)(e) Summary Proceedings Regula­ tions 1958, Amendment No 7 (SR 1974/136) and amended by regulation 4(1)(d) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93) by substituting the word “RECORDS” for the words “RECORD BOOK”.
50 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 23 Warrant to seize property where order for immediate payment of ﬁne has not been complied with Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 23 was substituted, as from 1 March 2007, by regulation 8 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
51 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 24 Warrant of commitment where order for immediate payment of ﬁne not complied with Schedule 1 form 24: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 24 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Super­ intendent”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

52 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 25 Warrant to seize property for unpaid ﬁne Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 25 was substituted, as from 1 March 2007, by regulation 8 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
53 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 26 Attachment order for unpaid ﬁnes 54 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 26—continued 55 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 26—continued 56 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 26—continued Schedule 1 form 26: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 26 was substituted, as from 1 November 1998, by regulation 14(1) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 26 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).
57 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 27 Warrant to arrest defendant for unpaid ﬁne Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 27 was amended, as from 1 November 1998, by regulation 13(d) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by sub­ stituting the words “TO: Every Bailiff or Constable” for the words “TO: Every Constable”.
Form 27 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).
Form 28 Warrant of commitment for unpaid ﬁne 58 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28—continued 59 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28—continued Schedule 1 form 28: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 28 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Super­ intendent”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
60 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28A Order for sentence of home detention for unpaid ﬁne 61 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28A—continued 62 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28A—continued 63 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28A—continued 64 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28A—continued 65 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28A—continued 66 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28A—continued Schedule 1 form 28A: inserted, on 1 October 2007, by regulation 6(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294) 67 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28B Order for sentence of community detention for unpaid ﬁne 68 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28B—continued 69 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28B—continued 70 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 28B—continued 71 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 28B—continued Schedule 1 form 28B: inserted, on 1 October 2007, by regulation 6(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294) 29 [Revoked] Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 29 was revoked, as from 30 June 2002, by regulation 7(2) Summary Pro­ ceedings Amendment Regulations 2002 (SR 2002/182).
72 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 30 Order for sentence of community work for unpaid ﬁne 73 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 30—continued 74 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 30—continued 75 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 30—continued Schedule 1 form 30: substituted, on 1 October 2007, by regulation 6(2) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).
31 [Revoked] Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 31 was revoked, as from 30 June 2002, by regulation 7(4) Summary Pro­ ceedings Amendment Regulations 2002 (SR 2002/182).
76 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 31A Order for return of defendant if conditions of section 88(3) order not complied with Schedule 1 form 31A: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 31A was inserted by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).
Form 31A was amended, as from 1 April 1996, by regulation 3(8) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by substituting the words “by a Constable or Bailiff until such time as the defendant ceases to comply with the conditions of the order” for the words “until such time as the Registrar advises the Constable or Bailiff that the Defendant has not complied with the conditions imposed at the time of the order”.
77 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 32 Notice of property seized under warrant 78 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 32—continued Schedule 1 form 32: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

79 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 32AA Warrant to arrest defendant to determine defendant’s ﬁnancial circumstances Schedule 1 form 32AA: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
Forms 23 to 32A were substituted by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32AA was inserted by regulation 2(3) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).
80 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 32A Summons to hearing of claim for seized property Schedule 1 form 32A: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
81 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 32B Claim to seized property by person other than defendant Schedule 1 ﬁrst form 32B: inserted, on 1 March 2008, by regulation 7(2) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
82 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 32B [Revoked] Schedule 1 second form 32B: revoked, on 1 November 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

32C [Revoked] Schedule 1 form 32C: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
32D [Revoked] Schedule 1 form 32D: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

32E [Revoked] Schedule 1 form 32E: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

32F [Revoked] Schedule 1 form 32F: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
32G [Revoked] Schedule 1 form 32G: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

32H [Revoked] Schedule 1 form 32H: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

32I [Revoked] Schedule 1 form 32I: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
83 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 32J [Revoked] Schedule 1 form 32J: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

33 [Revoked] Schedule 1 form 33: revoked, on 1 November 1987, by regulation 3(2) Sum­ mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 34 Title of original proceedings: ........... v ........... Offence (or nature of complaint): ........... Place where dealt with: ...........

Date of decision: Sentence (or order): Name and address of appellant: ........... Name and address of respondent: 1.

........... .......... ...........

I, the above­named appellant, hereby give notice that I intend to appeal to the High Court by way of case stated against the above determination as being erroneous in point of law.
I have a (no) solicitor acting for me.

(His name and address are: I (do not) wish to be granted bail.

...........).

3.

Dated at ........... this ........... day of ........... 19 ...... 2.

........... Signature of Appellant To the Registrar of the District Court at ........... (This notice must be ﬁled in duplicate.)
[Not printed] 84 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 35 Case stated on appeal from determination of District Court Section 107(3), Summary Proceedings Act 1957 Form 35 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.
Form 36 reg 2 85 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 36—continued of dealt where Title of original proceedings: ........... v ........... Offence (or nature of complaint): ........... Place ......................................................................

Date ................................................................................
Sentence ................................................................................ Name ............................................................ Name ............................................................ 1. address address and and (or of of with: decision: order): appellant: respondent: I, the above­named appellant, hereby give notice that I intend to appeal to the High Court against my conviction (or my sentence, or my conviction and sentence, or the order made against me, or the order made against me and the amount of the order, or the amount of the order made against me) on the grounds set out in paragraph 4 below.
I have a (no) solicitor acting for me.

and name (His/her .................................................. ).

I (do not) wish to be granted bail.

The grounds of my appeal are: (Specify).

address are: or I, the above­named appellant, being the informant in the pro­ ceedings referred to above, hereby give notice that I intend to appeal to the High Court against the sentence passed on the conviction of the defendant in those proceedings.

The Solicitor­General has consented to the bringing of this appeal.
The grounds of my appeal are: (Specify).

or I, the above­named appellant, having been ordered under sec­ tion 206 of the Summary Proceedings Act 1957 to be commit­ 2.

3.

4.

1.

2.

3.

1.

86 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 36—continued 2.

3.

4.

1. ted to prison (or to pay a ﬁne), hereby give notice that I intend to appeal to the High Court against the order made against me.

I have a (no) solicitor acting for me.


(His/her and name .................................................. ).

I (do not) wish to be granted bail.

The grounds of my appeal are: (Specify).
address are: or I, the above­named appellant, being— *(a) The applicant for an order under section 138(2)(a) (or section 138(2)(b) or section 140) of the Criminal Justice Act 1985; or *(b) The informant in proceedings in which an applica­ tion for an order under section 138(2)(a) (or section 138(2)(b) or section 140) of the Criminal Justice Act 1985 was made,— hereby give notice that I intend to appeal to the High Court against the District Court’s decision in respect of the application.

2.
2.

The grounds of my appeal are: (Specify).

or 1.
I, the above­named appellant, being the defendant (or infor­ mant) in the proceedings referred to above, hereby give notice that I intend to appeal to the High Court against— *(a) The refusal to grant bail to me: *(b) The granting of bail to the defendant: *(c) The imposition of the following condition of bail: (State condition of bail imposed): *(d) The refusal to impose the following condition of bail: (State condition of bail refused): *(e) The variation (or revocation or substitution) of the fol­ lowing condition of bail: (State condition of bail varied or revoked or substituted): *(f) The refusal to vary (or revoke or substitute) the follow­ ing condition of bail: (State condition of bail).
*2.

I have a (no) solicitor acting for me.

87 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 36—continued name (His/her and .................................................. ).

The grounds of my appeal are: (Specify).

3.


Dated at ........... this ........... day of ........... 19 ...... address are: ................................................... the To the Registrar ............................................................ of Signature of Appellant District Court at (This notice must be ﬁled in duplicate) *Delete if inapplicable Form 36 was substituted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 20 (SR 1992/70).
37 [Revoked] Form 37 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 37 was revoked, as from 1 January 2001, by regulation 3 Summary Pro­ ceedings Amendment Regulations 2000 (SR 2000/249).
88 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 38 Notice of abandonment of appeal Section 129, Summary Proceedings Act 1957 Form 39 Form 39 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
89 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 40 Form 40 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.
Form 41 Depositions of witnesses at preliminary hearing Sections 161 and 165, Summary Proceedings Act 1957 THE evidence of [Full names of witnesses] taken this ........... day of ........... 19 ...... before the District Court at .......... presided over by ........... District Court Judge (or Justices of the Peace or Commu­ nity Magistrates) in the presence of [Full name of defendant] who is charged with the offence(s) set out in the attached information(s) follows: 90 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 41—continued ........... District Court Judge (or Justices of the Peace or Community Magistrates) Form 41 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.
Form 42 Committal of defendant to the High Court for trial or sentence Section 168, Summary Proceedings Act 1957 91 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 42—continued Form 42 was amended by regulation 4(1) Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116) and substituted by regulation 4(1)(f) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).
Form 42 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.

92 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 43 Form 43 was amended by regulation 4(2) Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116) by substituting the memorandum for the Superintendent.
Form 43 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ 93 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 43—continued serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.

Form 43 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Super­ intendent” wherever it appears.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 43A Form 43A was inserted, as from 1 April 1970, by regulation 3 Summary Pro­ ceedings Regulations 1958, Amendment No 6 (SR 1970/52).
94 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 43A—continued Form 43 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.
Form 44 95 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 45 Form 45 (as substituted by regulation 5 Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116)) was substituted, and Form 45A was in­ serted, by regulation 3(1)(g) Summary Proceedings Regulations 1958, Amend­ ment No 7 (SR 1974/136).
Form 45 was amended, as from 1 November 1998, by regulation 13(c) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the words “Justices of the Peace”, the words “or Community Magistrates”.
96 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 45A Form 45 (as substituted by regulation 5 Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116)) was substituted and form 45A was in­ serted by regulation 3(1)(g) Summary Proceedings Regulations 1958, Amend­ ment No 7 (SR 1974/136).
Form 45A was amended by regulation 4(1)(g) Summary Proceedings Regula­ tions 1958, Amendment No 8 (SR 1977/93) by omitting the words “(which was handed to you at the completion of your evidence)”.
97 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 46 Warrant for arrest of High Court witness about to leave New Zealand Section 185(1), Summary Proceedings Act 1957 Form 46 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
98 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 47 Warrant of commitment of High Court witness about to leave New Zealand Section 185(2), Summary Proceedings Act 1957 Form 47 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent” in both places where it appears.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
99 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 48 Form 48 was substituted by regulation 3(1)(h) Summary Proceedings Regula­ tions 1958, Amendment No 7 (SR 1974/136).
100 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 48—continued Form 48 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 49 Special constable’s oath [Revoked] Schedule 1 form 49: revoked, on 1 October 2008, by section 130(3) of the Policing Act 2008 (2008 No 72).
Form 50 101 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 50—continued Form 50 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.
Form 51 reg 6(1) Form 52 reg 8 102 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 53 reg 10(1) Form 54 reg 13(2) Form 54 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the word “Justice(s)”, the words “or Community Magistrate(s)”.
103 Schedule 1 Summary Proceedings Regulations 1958 Form 55 Sequel to Form 54 Reprinted as at 1 October 2008 reg 13(2) Sections 31, 32, and 174, Summary Proceedings Act 1957 THE foregoing depositions of ........... , written on ........... sheets of paper numbered consecutively 1 to ...... and now ﬁxed together and signed by me (us), were taken and sworn before me (us) in accord­ ance with the Summary Proceedings Regulations 1958 at .......... on this ........... day of ........... .......... 19...... ...........
Examining District Court Judge (or Justice(s) or Community Magistrate(s) or Registrar) Form 55 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the word “Justice(s)”, the words “or Community Magistrate(s)”.
Form 56 reg 14 Form 56 was amended, as from 1 November 1998, by regulation 13(b) Sum­ mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by in­ serting, after the word “Justice(s)”, the words “or Community Magistrate(s)”.
104 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 57 Application to correct irregularities in proceedings for 105 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 57—continued Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR 1987/311).

Form 57 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).
106 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 1 Form 58 Notice of time and place for examination [Revoked] reg 15H(1) Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR 1987/311).

Forms 58 and 59 were revoked, as from 1 November 1998, by regulation 15 Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Form 59 Notice of decision on application for extension of time to pay ﬁne [Revoked] reg 15J Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR 1987/311).

Forms 58 and 59 were revoked, as from 1 November 1998, by regulation 15 Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 60 reg 15N Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR 1987/311).
Form 60 was amended, as from 30 June 2002, by regulation 7(5) Summary Pro­ ceedings Amendment Regulations 2002 (SR 2002/182) by omitting the words “(Corrective Training Institution)”.

The heading to form 60 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “MAN­ AGER’S” for the word “SUPERINTENDENT’S”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Form 60 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Super­ intendent” wherever it appears.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 61 reg 15P(1) 107 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Form 61—continued Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR 1987/311).
Form 62 reg 15P(2) 108 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 2 Form 62—continued Forms 57 to 62 were inserted by regulation 3(3) Summary Proceedings Regu­ lations 1958, Amendment No 16 (SR|1987/311).
Schedule 2 Court fees (1) (2) Filing any information or any notice of pros­ ecution............................................................ Filing any copy of a reminder notice in respect of an infringement offence ............................. (2A) Providing particulars of a reminder notice in respect of an infringement offence where the reminder notice is deemed to have been ﬁled in a Court under section 21(4C) of the Act $ 30 30 30 (3) Hearing any information or charge ................ 100 109 Schedule 2 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 (4) Copy of proceedings or judgment (other than a copy supplied to a party to the proceedings)— (a) (b) (c) (d) Not exceeding 5 pages....................
Exceeding 5 pages but not exceed­ ing 50 pages....................................

Exceeding 50 pages but not exceed­ ing 75 pages....................................
Exceeding 75 pages ........................ (5) Certiﬁed copy of entry in criminal records .... (6) Application for removal of disqualiﬁcation or for partial exemption from disqualiﬁcation under the Transport Act 1962 ........................ (7) For faxing documents at the request of a party (except where documents have to be faxed for operational reasons), $2.00 plus, per page faxed, $1.00 15 30 40 50 30 150 (8) For enforcement of a ﬁne, in accordance with regulation 15K 100 NOTE— (1) Where under an enactment several offences are charged in 1 information (not being offences charged in the alternative), the fees to be taken are to be assessed as if a separate infor­ mation had been laid in respect of each offence charged.
The fees prescribed by these regulations are not to be taken in proceedings under the Family Proceedings Act 1980, or in proceedings by way of complaint or in proceedings under Part 5 of the Summary Proceedings Act 1957.
(2) Schedule 2 was substituted by regulation 3(1) Summary Proceedings Regulations 1958, Amendment No 9 (SR 1978/195), and substituted again by regulation 3 Summary Proceedings Regulations 1958, Amendment No 19 (SR 1991/189), and was amended 110 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Schedule 4 by regulation 3 Summary Proceedings Regulations 1958, Amendment No 20 (SR 1992/141) by substituting the expression “70” for the expression “60” in item (3), by substituting item (4), and by inserting item (7).
Schedule 2 was substituted, as from 1 January 1998, by regulation 4 Summary Proceed­ ings Amendment Regulations 1997 (SR 1997/322).

Item 2 was amended, as from 1 July 1998, by regulation 2 Summary Proceedings Amendment Regulations (No 2) 1998 (SR 1998/133), by substituting “30” for “25”.

Item 2A was inserted, as from 1 March 2007, by regulation 9 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
Item 6 was amended, as from 1 July 1998, by regulation 2 Summary Proceedings Amendment Regulations (No 2) 1998 (SR 1998/133), by substituting “150” for “140”.

Item 8 was inserted, as from 10 October 2006, by regulation 10 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

3 [Revoked] Schedule 3 was revoked by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).
[Revoked] Schedule 4 Regulations and orders revoked Reg 16 Title Serial Number The Summary Penalties Regulations 1940 .. 1940/89 The Justices of the Peace Act Fees Order 1952.............................................................. 1952/201 The Justices of the Peace Regulations 1956 1956/164 The Trafﬁc Offences Order 1957 ................. 1957/88 T J SHERRARD, Clerk of the Executive Council.

Certiﬁed for the purposes of section 7 of the Regulations Act 1936, this 28 day of March 1980.
J K McLAY, Attorney­General.

111 Summary Proceedings Regulations 1958 Reprinted as at 1 October 2008 Issued under the authority of the Regulations Act 1936.

Date of notiﬁcation of principal regulations in Gazette: 20 March 1958.

112 Reprinted as at 1 October 2008 Summary Proceedings Regulations 1958 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Summary Proceedings Regulations 1958.
It incorporates all the amendments to the regulations as at 1 October 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or ap­ plication provisions are also included, after the Principal en­ actment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation of­ ﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): section 130(3) Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385) Summary Proceedings Amendment Regulations 2007 (SR 2007/294) 113